Terms & Conditions
Welcome to our terms.
Please read these terms carefully as in you using our services you accept these terms.
These terms are designed to establish what you should expect from us as you use or interact with our services and what we expect from you. The Daily Express US site is owned and operated by Express Newspapers Limited, a subsidiary and affiliate of Reach PLC which is based at One Canada Square, Canary Wharf, London, E14 5AP and operates under the laws of England and Wales.
Part 3 – Privacy and Cookie Policy
Part 1 - Terms of Use
Introduction
Our services are provided by and maintained by us for your personal use only, including for your personal entertainment, information and communication.
The services offered by us may include features, content, applications, advertising, competitions, surveys, prize draws and/or other promotions.
By using these services, you may need to download software and/or content and/or agree to additional terms. For example, if you wish to access certain of our products or services, including The Daily Express US website (the “Site”), any mobile sites or applications, any of the features of the Site, including but not limited to RSS feeds, APIs, and software and other downloads you will be agreeing to all of the terms and conditions of these Terms of Service between and you may be required to comply with these terms of use and accept additional terms and conditions before you can access and use these services.
Your agreement with us includes these terms of use and in addition our:
Community Guidelines, which set out our approach to community interaction and how we moderate your content, such as comments made in relation to our articles;
Privacy Policy & Cookie Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us and information about how your use of our services is monitored so that we are able to improve your user experience. By using our services, you consent to such processing and you warrant that all data provided by you is accurate.
Changes to our terms
We may at any time, and at our entire discretion, change, amend, add or remove portions of these Terms of Service or any of our other terms at any time. Where we make changes to our terms, we may make these changes to remain compliant with relevant laws and regulations or to improve our services. Where we make changes to our terms, we will make either make the change in writing and will notify you of the changes (including by email if you have an account, for example), or by updating the date above the Terms – for example with a statement of “Last Updated On”). Such changes shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the site.
Please note that your continued use of the site or our services or products now, or after we have updated our terms will mean that you accept our terms including any changes or modifications made to them.
We may change, suspend or discontinue any aspect of the services in our discretion, at any time, including the availability of any services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability.
Please be aware that our site and some of our services provide advertising from third parties.
Accessing our services
Modifications to our services or site
We may, at our discretion change, remove, suspend or discontinue any aspect of our services or site at any time including the availability of any content (e.g. a community forum may be withdrawn). Whilst we will do our best to make all content available to all users of our services, some content may not be available to users from all countries. We do not warrant or agree that access to our Site or services will be uninterrupted or error-free.
Using our services
Our content and services
Our content, trademarks, copyright, patents, logos, domain names and other related intellectual property rights or other features of our brand belong to us or to our licensors. Your use of our services does not grant you any rights in our or our licensors’ intellectual property whether for commercial or non-commercial use. We reserve all rights not expressly granted to you in these terms.
We grant our users a limited, revocable, non-sublicensable license to access and use our services and intellectual property rights subject to your ability to access our services (as set out above) and to the following usage restrictions:
(a) you may use our services for personal, private and non-commercial purposes;
(b) you must not commercially exploit, or sell any content appearing on our services (this does not apply to any user content posted by you and in which you retain ownership rights – see paragraph on user-generated content below);
(c) you must not attempt (or encourage others to attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the services, or any content thereof, or make any unauthorized use thereof; and
(d) you must not use the services for any purpose that is unlawful or prohibited by these terms; you further agree that you will comply with all applicable laws and any conditions or restrictions imposed by these terms.
Advertising
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services queries made through the Services or other information. The manner, mode and extent of advertising on the Site or in connection with the services may be subject to change without specific notice to you except as required by law.
In consideration for the rights that we have granted and in accordance with our Privacy Policy you under these terms of use, you agree and permit us to provide non-personalised contextual advertising and other information to you, including permitting our third-party affiliates to do the same. Advertisements
Third Party Content
Third-party content included as part of our services, is licensed to you either under these terms of use or through such third-party terms and conditions that will be made known to you as and when they become relevant.
The services may contain third-party-owned content and links to other websites (“Linked Sites”). We do not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under our control and we are not responsible for the content or privacy practices of the Linked Sites.
Copyright
All materials contained on this site are protected by copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without our prior written permission, or, in the case of third-party materials, the owner of that content.
You may not alter or remove any trademark, copyright or other notice from copies of the content.
However, you may download material from our site on the web (one machine-readable copy and one print copy per page) strictly for your personal, non-commercial use only.
Links to websites other than those owned by us are offered as a service to readers. Our editorial staff are not involved in their production and are not responsible for their content and you access such content at your own risk entirely.
DCMA
If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on The Daily Express US site infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:
(i) identification of the copyrighted work or works claimed to have been infringed;
(ii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
(iii) your contact information including your name, address, telephone number, and, if available, an email address;
(iv) a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the work, its agent, or the law;
(v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(vi) your physical or electronic signature;
The Daily Express US’s designated copyright agent to receive notifications of claimed infringement is via [email protected]. Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
User generated content
We permit users of our services facilities to submit, post and/or upload content (including comments and pictures) to various parts of our services where they are registered for and remain registered for an account. Where you post content you agree to comply with these terms and our Community Guidelines and all applicable laws in respect to the use of those facilities provided by us to you to allow you to post or submit content. In posting your content on our services, you represent and confirm to us that you are the owner or have the consent from the owner to post the content and it does not violate the privacy rights, copyright and other intellectual property rights, contract rights or any other rights of any person.
By submitting content, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content that you post (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such content.
You also warrant that you have read and agree to our Community Guidelines which are incorporated in these terms of use and govern all interactions with us.
We do not endorse your content, or the content of journalists employed by us. We do not guarantee the accuracy or authority of your content. We reserve the right to remove, amend, adapt or otherwise moderate your content, in our sole discretion, at any time and for any reason.
Images of children are regulated on our services and where we allow the posting of such images these may only be posted by you subject to compliance with these terms and our Community Guidelines. Where parents chose to share images of their children, we may choose not to share these images, or remove them for safety reasons. Where parents (or legal guardians) wish to share images of children, these should not contain any nudity, including partial nudity or any child and where there are multiple children, please ensure you have the consent of each parent or legal guardian for each child within the image. When posting an image or images of your child, you understand that (i) these images are posted on and across our sites and disclosed across the internet, (ii) that the images may be copied or misused by third parties and (iii) the images will not be private.
If you believe that your rights have been infringed in relation to your content or that your content posted by other users is in breach of these above rules or our Community Guidelines, please read the following section on how to report such issues to us.
Reporting User Generated Content
If you come across user-generated content on our website or services that goes against any of our terms or our Community Guidelines, you can report it to us, as follows: (a) for claimed infringement of copyright, by submitting a Take Down Notice as described in the next section below, or (b) for all other violations of our terms or Community Guidelines, by either: (i) emailing [email protected] with the details of your complaint, or (ii) for comments, following the “report a comment” procedure set forth in our Community Guidelines.
We also have the right (but not the obligation) to review any content, and to delete, take down or remove any content that we determine, in our sole discretion:
(a) does not comply with these terms;
(b) might violate any laws or infringe upon any rights of third parties;
(c) might adversely affect our reputation or goodwill; or
(d) should be taken down for any other reason determined at our discretion. In appropriate circumstances, we will disable or terminate accounts of users who are repeat infringers.
Any content which is deleted by us will no longer be available to you. Deleted content may be stored by us in order to comply with certain legal obligations and in such circumstances may not be retrievable without a valid court order.
We exclude liability for actions taken in response to breaches of this policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate in respect of any content which we determine is in breach of this policy.
Take Down Notice for user-generated content you believe infringes copyright
If you believe that any user-generated content on our websites or services infringes upon any copyright, you may request that such user-generated content be removed from the websites or services by sending a “Take Down Notice” to our copyright agent (Email address link here).
When submitting a Take Down Notice, please include the following information:
Your full legal name, address, telephone number, email address and all other information sufficient for us to contact you.
A description of the copyrighted material that you claim has been infringed.
A description of the user-generated content you claim is infringing and where it is located on our sites or services. The easiest way to do this is by providing a web address or URL leading directly to the allegedly infringing content.
A statement by you that you have a good faith belief that the use you are complaining about is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that (a) the information in your Take Down Notice is accurate, and (b) that you are the owner of the copyrighted material involved or that you are authorized to act on behalf of that owner.
A physical or electronic signature of the person who is the owner of the copyrighted material or who is authorized to act on behalf of that owner.
Upon receipt of a Take Down Notice we may take whatever action, in our sole discretion, we deem appropriate, in accordance with applicable law (including with the safe harbour provisions of the Digital Millennium Copyright Act (DMCA)).
PLEASE BE ADVISED THAT WE WILL TERMINATE USERS OF OUR SITES AND SERVICES WHO REPEATEDLY INFRINGE THE COPYRIGHTS OF OTHERS.
Costs of using our services and account registration
We provide our users with a variety of services. To benefit fully from our services, we may occasionally require you to create an account, download our content, and/or call our service providers. If there are charges associated to any of these services, we will make it clear before you incur any such charges and you will be responsible for any charges incurred from that point on. If you create an account with us, you represent that you will provide accurate and up-to-date registration information. You may not share your account credentials with anyone else. You are responsible for all activity under your account. We may cancel or suspend your access to the services or your account if you violate this section or our terms.
Disclaimer
We will always aim to provide you with the best service we can, but our service is provided “as is” and we do not and cannot promise that all of the information we provide will always be 100% accurate.
Whilst we take every care to ensure that all information is accurate and complete, some of it is supplied to us by our third-party partners. We have no control over third-party content and we are unable to guarantee the accuracy of such third-party content. Before relying on any information, whether it is from us or from our third-party partners, we advise you to verify the accuracy of such information.
Although we will do our best to ensure that our service is fully operational at all times, we are not responsible for any problems or temporary interruptions in using our services arising from factors outside of our control (e.g. technical problems from traffic congestion on the internet) or for any problems arising from participating in or from downloading third party content. If you rely on the materials made available through the services, you do so solely at your own risk.
Under no circumstances shall we be responsible for any loss or damage resulting from use of our services, relying on our content or from any content posted on or through our services.
EXCEPT AS EXPRESSLY STATED HEREIN, WE AND OUR AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SERVICES OR SITE, INCLUDING ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THE SERVICES OR AVAILABLE THROUGH THE SERVICES, AND WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY THE DAILY EXPRESS US OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
THE DAILY EXPRESS US POLICY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED (A) THAT THE INFORMATION PROVIDED THROUGH THE SERVICES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, (B) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION (C) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, OR (D) THAT THE CONTENT ON THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND THE THE DAILY EXPRESS US DISCLAIMS ALL RESPONSIBILITY FOR THE SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES.
Indemnification
You agree to indemnify and hold harmless us and our parent, subsidiaries, and affiliates, and their owners, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the terms, including the Community Guidelines, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Limitation of our liability to you
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW AND REGARDLESS OF THE ACTION (INCLUDING IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE), IN NO EVENT WILL WE, OUR PARENT COMPANY, AFFILIATES OR SUBSIDIARIES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR THE SITE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, LOSSES, COSTS, EXPENSES OR LIABILITY ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, SITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE DAILY EXPRESS US’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW EVEN WHERE WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
WAIVER OF CLASS ACTIONS. YOU AND EXPRESS NEWSPAPERS (AND ITS AFFILIATES) AGREE THAT EACH PARTY MAY BRING DISPUTES RELATING TO BOTH COVERED CLAIMS AND EXCLUDED CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, A FEDERAL OR STATE CLASS ACTION LAWSUIT OR A CLASS ARBITRATION.
The law that governs our services
If you are accessing our site or services from the US, you agree that these terms and conditions and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the State of New York, excluding its laws for determining choice-of-law, and will be subject to the exclusive jurisdiction of the federal and state courts in New York City.
Any claim or cause of action arising out of or related to use of the website, services, or these terms must be filed within one year after such claim or cause of action arose or be forever barred. Any such claim will be compensable by monetary damages, and you will in no event be entitled to injunctive or other equitable relief. You also hereby expressly waive any right to resort to any form of class action.
Other information
In these terms of use the following words and expressions will have the following meanings:
Our content means any text, files, images, photos, graphics, video, sounds, musical works, or any other materials that we post on or through our services.
Third-party content any text, files, images, photos, graphics, video, sounds, musical works, or any other materials posted on or through our services by our third-party partners.
Your content means any text, files, images, graphics, photos, video, sounds, musical works, or any other materials that a user posts on or through our services.
Part 2 – Community Guidelines
In addition to the terms and conditions set out above, you agree to use the services in accordance with our Community Guidelines that we specify in relation to a service. All such Community Guidelines shall form part of our terms of use.
Please contact us at [email protected] with any questions regarding these Guidelines or our terms of use.
You must be 18 or over to use our services. If you are under 18, please stop using our service.
These Community Guidelines are here to help users understand what is considered to be acceptable content on the website. The rules set out below aim to ensure that users engage with mutual respect, whilst encouraging open discussion.
Our service is all about you – our readers. We want to engage you and hear your views, and we ask for your participation and vigilance.
If you believe that any content on the websites or services, including comments or anything posted by another reader, infringes upon any intellectual property right, is offensive or inappropriate, violates any laws, or otherwise goes against these terms (including the Community Guidelines set forth below) you may contact us to request that content be removed from the websites or services at the following address [email protected]. These Guidelines are applicable to all users and therefore should be read before posting a comment.
Community Guidelines
Daily Express US welcomes and encourages all readers to comment and share their opinion. However, certain comments will not be tolerated if they are not legal or do not add an interesting opinion, value, positivity, knowledge or constructive conversation.
Comments that will not be tolerated and will be deleted without notice at our sole discretion include those that contain:
Crude language including swear words and sexually explicit language
Threatening, abusive or offensive language
Racist language
Language that offends any part of the LGBT community
Sexist language
Content in any other language but English
Content that preaches, encourages or incites religious or ethnic hatred
Content that links to websites that promote the above
Knowingly false or misleading content
Defamatory language and defamatory comments about others
Content that will not be tolerated also includes:
Personal information – yours or someone else’s
Spam – the same content posted over and over either on the same article or across different articles
All external URLS linking to other content including:
URLs and content that may be unsafe or contain material such as viruses, files, programmes and code designed to corrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment connected to The Daily Express US
Advertising/sponsorship/external URLs for any commercial purpose
All comments with images
Petitions or solicitations for donations for campaigns
Content that may prejudice both pending and on-going court proceedings
Content that breaks the law or condones, encourages or provides instructions for illegal or otherwise harmful activities
Copyright infringements or content that infringes other intellectual property rights
The publishing of “spoilers” that includes plot developments that have not been transmitted on UK or US television (whether freeview, cable, satellite or on online services) unless it’s on a designated “spoilers” article
In some cases, we may have to remove an entire segment of content, including messages that do not breach our terms, if it is part of a topic or conversation that was in breach of our guidelines or no longer make sense without a deleted comment. For example, if we remove a racist comment, the responses will no longer be relevant and will be removed.
Banning users
The Daily Express US reserves the right to permanently ban any account at our own sole discretion.
Users who are persistent in posting untolerated content within their comments, according to our judgement, may have their accounts banned. This means that a user will find they are unable to comment on The Daily Express US on any article across the website.
Moderators may be forced to ban users as a result of the below actions:
Posting content in breach of these Community Guidelines on the website – even if posted once
Continuously attempting to re-post comments that have been previously moderated and deleted
Posting continuous argumentative and/or off-topic comments – Posting comments that harass, threaten or attack anyone or otherwise behave in any way that would cause annoyance or distress to others
Posting content that is repeatedly abusive towards The Daily Express US moderation team – while we accept there may be criticism of our journalism, repeated personal attacks and abuse will not be tolerated
Using offensive or inappropriate screen names
Gaining unauthorised access to the website, user accounts, computer system or networks connected to the website
Impersonating another person, whether a friend, family member, celebrity, moderator, another user of our services or an employee of any member of The Daily Express US, Express Newspapers, or its Affiliates.
Registering or submitting content if you have been banned (for example with someone else’s account) without permission
These rules are there to protect other users of the site and services and improve the community that we are so proud of. By virtue of this, we ask that you post responsibly without violating the above terms.
You can help us maintain a positive and constructive conversation by flagging comments as set out below (see How to report a comment) that you believe to be in violation or are offensive. These will be added to our moderation queue to review along with other comments picked by our system for potentially flouting our Community Guidelines.
Tips for comments
Daily Express US and its Affiliates are invested in creating a valuable forum and a place for individuals to read and share their opinions. Below we have set out some suggestions as to how to write an effective comment that won’t be moderated:
Stay on the main topic of discussion
Avoid Caps Lock – it can look like you are shouting and sometimes have a negative impact on the way your comment is perceived
Be open-minded about other people’s opinions and views – although you don’t have to agree with everyone, insulting or mocking their opinion is not acceptable
Engage with other users appropriately – be respectful and polite to other users on the site
Use the Like and Dislike features – this is a good way of communicating you agree or disagree without being argumentative
Ask thoughtful questions
Respond to Community Questions at the top of articles and staff comments
Double-check your message before you post it – you will be allowed to edit it for a short amount of time
In following these tips along with adhering to all of the Community Guidelines, it is very unlikely your comment will be moderated.
How to report a comment
If you see a comment that you think is a violation of the Community Guidelines, here are the steps to take in order to report it:
See the ‘flag’ icon next to the comment you want to report
Press it and you will be given the option to Report Post
You will notice that the comment will temporarily disappear from view which means it has been delivered to our moderation system to be checked. N.B The comment will still be visible to readers on the site unless it is later rejected by our moderation team
Reporting content that is genuinely hurtful/harmful/offensive is a positive action and we appreciate users who flag such comments. It is anonymous to other users and this information will be strictly confidential.
However, reporting comments that are not legitimate violations can impact how efficiently we are able to remove the actual violations. Disagreement with someone’s views is not a reason to report them.
Moderation
When we receive your complaint, we will evaluate it and decide on the most suitable action. Rest assured that all complaints will be checked promptly and professionally.
We may amend these Guidelines or any of our terms to ensure we remain compliant with relevant laws and regulations and that we are constantly improving your use of our services.
Part 3 - Privacy and cookie policy
For details of how we will process your personal information, please visit here. For our Cookie Policy, click here.
